Andres Barrera-Flores v. Eric H. Holder Jr.

ORDER OF DISMISSAL

Andres Barrera-Flores (“Barrera-Flores”), a native and citizen of Mexico who has lawfully resided in the United States since December 1990, petitions for review of a Board of Immigration Appeals (“BIA”) decision denying his application for cancellation of removal. We dismiss the petition.

We lack jurisdiction to review the BIA’s discretionary decision to deny his application for cancellation of removal. See 8 U.S.C. § 1252 (a)(2)(B)®; Mendez-Castro v. Mukasey, 552 F.3d 975, 980-81 (9th Cir.2009). While we retain jurisdiction to review “colorable” constitutional claims, “a petitioner may not create the jurisdiction that Congress chose to remove simply by cloaking an abuse of discretion argument in constitutional garb.... To determine whether we have jurisdiction over claims labeled as due process violations, we must look beyond the label.” Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001).

We have held that a petitioner did not state a colorable constitutional challenge when she claimed “that the IJ denied her right to due process by misapplying the facts of her case to the applicable law.” Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).…